End to end acknowledgment of messages on a cellular phone with location detection

ABSTRACT

End to end acknowledgment of SMS messages based on sending an acknowledgement back to the sender of the SMS that the message was received after successful delivery.

CROSS REFERENCE TO RELATED APPLICATION

This application claims the benefit of Provisional Patent ApplicationNo. 61/082,178 filed Jul. 18, 2008, herein incorporated in its entiretyby reference.

BACKGROUND OF THE INVENTION

1. Field of the Invention

The invention relates to, among other things, the field of wireless textmessaging, commonly referred to SMS or short message service messaging,as well as devices, systems, software and firmware therefore.

2. Description of Related Art

Text messaging, or SMS, relates to sending short (160 characters (US) orfewer, including spaces) alphanumeric messages (and in someimplementations can include any 8-bit binary represented characters.) Itis available on most mobile phones, some personal digital assistants andcomputers (typically via internet sites providing SMS services). Themost common application of SMS is person-to-person messaging, but textmessages can also be used to interact with automated systems, such asordering products and services for mobile phones, participating incontests, receiving news alerts, receiving calendar alerts, voting inpopular TV shows, receiving weather or coastal warning alerts or otherwarnings of impending disaster, alerting students on college campuses toconditions of which they should be made aware, etc. There are also someservices available on the Internet that allow users to send textmessages free of direct charge to the sender and also provide a place toreceive replies to such messages or for the user to receiving initialSMS messages sent to him. Such services are also available on theinternet for fee per use or subscription.

One drawback of the SMS system is a lack of delivery guarantee. The SMSsystem basically forwards the message to the recipient without regard towhether he actually receives it. MMS provides a delivery guarantee aspart of its protocol, but MMS messages are significantly more expensiveand complex to send and receive and may not be available yet on older orcheap handsets or on as many internet portals. In this invention, thesender device and the receiving device, with appropriate software asdescribed herein, work in concert to assure SMS delivery.

So as to reduce the complexity and length of the Detailed Specification,and to fully establish the state of the art in certain areas oftechnology, Applicant(s) herein expressly incorporate(s) by referenceall of the following materials identified in each numbered paragraphbelow.

1) U.S. Pat. No. 7,389,116 System, method, and computer program productfor short message service (SMS) rating;

2) U.S. Pat. No. 7,386,009 Method and apparatus for transmission ofinternet control message protocol messages as short message service(SMS) messages in a communications network comprised of mobile stations;

3) U.S. Pat. No. 7,373,384 Short message (SMS) storage system;

4) U.S. Pat. No. 7,369,865 System and method for sending SMS and textmessages;

5) U.S. Pat. No. 7,369,528 Method and system to send SMS messages in ahybrid network;

6) U.S. Pat. No. 7,318,098 Method and system for short message service(SMS) transactions for wireless devices;

7) U.S. Pat. No. 7,296,156 System and method for SMS authentication;

8) U.S. Pat. No. 7,139,259 Method and apparatus for conveying reportsfor SMS messages in wireless communication systems;

9) U.S. Pat. No. 7,113,783 System for transmitting and receiving shortmessage service (SMS) messages

10) U.S. Pat. No. 6,959,194 SMS-messaging;

11) U.S. Pat. No. 6,505,052 System for transmitting and receiving shortmessage service (SMS) messages;

12) U.S. Pat. No. 6,223,045 Satellite delivery of short message service(SMS) messages;

13) U.S. Pat. No. 5,915,222 Transporting short message service (SMS)messages within a telecommunications network;

14) “SMS and MMS Interworking in Mobile Networks” by ArnaudHenry-Labordere and Vincent Jonack (Artech House Publishers, 2004);

15) “Mobile Application Development with SMS and the SIM Toolkit” byScott Guthery and Mary Cronin (McGraw-Hill Professional, 2001);

16) “Mobile Messaging Technologies and Services: SMS, EMS and MMS” byGwenaël Le Bodic (John Wiley & Songs, 2003); and

17) “Wireless Messaging Demystified: SMS, EMS, MMS, IM, and others” byDonald J. Longueuil (McGraw-Hill Professional, 2002).

Applicant believes that the material incorporated above is“non-essential” in accordance with 37 CFR 1.57, because it is referredto for purposes of indicating the background of the invention orillustrating the state of the art. However, if the Examiner believesthat any of the above-incorporated material constitutes “essentialmaterial” within the meaning of 37 CFR 1.57(c)(1)-(3), applicant(s) willamend the specification to expressly recite the essential material thatis incorporated by reference as allowed by the applicable rules.

BRIEF SUMMARY OF THE INVENTION

The present invention provides among other things a system where the SMSsender device and the receiving device work in concert to assure SMSdelivery with appropriate software as described herein.

It is an object of the invention to send an acknowledgement back to thesender of the SMS that the message was received after successfuldelivery.

It is another object of the invention to have the sending deviceretransmit the SMS to the receiving device if no acknowledgement isreceived.

It is another object of the invention that the sender have control overwhich messages require an acknowledgement to be received.

It is another object of the invention that the sender have control overwhich messages request an acknowledgement to be sent back to the sendingdevice.

It is another object of the invention that the receiver has control overwhich messages may generate an acknowledgement back to the sender.

It is another object of the invention that the existing SMS system beused.

It is another object of the invention that a secondary SMS-like systembe used to transport acknowledgements. The invention has variousadditional objectives, which are not restated here for the sake ofbrevity.

The above and other objects may be achieved using devices and methodsthat acknowledge received SMS and other messages by sending a responseSMS message as an acknowledgment of receiving the SMS message; bydevices and methods that transmit SMS and other messages and receiveresponse SMS message as an acknowledgement that the SMS message wasreceived; and by computer readable media having program code thereonoperable to send an SMS acknowledgment message upon receiving an SMSmessage.

Aspects and applications of the invention presented here are describedbelow in the drawings and detailed description of the invention. Unlessspecifically noted, it is intended that the words and phrases in thespecification and the claims be given their plain, ordinary, andaccustomed meaning to those of ordinary skill in the applicable arts.The inventors are fully aware that they can be their own lexicographersif desired. The inventors expressly elect, as their own lexicographers,to use only the plain and ordinary meaning of terms in the specificationand claims unless they clearly state otherwise and then further,expressly set forth the “special” definition of that term and explainhow it differs from the plain and ordinary meaning. Absent such clearstatements of intent to apply a “special” definition, it is theinventors' intent and desire that the simple, plain and ordinary meaningto the terms be applied to the interpretation of the specification andclaims.

The inventors are also aware of the normal precepts of English grammar.Thus, if a noun, term, or phrase is intended to be furthercharacterized, specified, or narrowed in some way, then such noun, term,or phrase will expressly include additional adjectives, descriptiveterms, or other modifiers in accordance with the normal precepts ofEnglish grammar. Absent the use of such adjectives, descriptive terms,or modifiers, it is the intent that such nouns, terms, or phrases begiven their plain, and ordinary English meaning to those skilled in theapplicable arts as set forth above.

Further, the inventors are fully informed of the standards andapplication of the special provisions of 35 U.S.C. §112, ¶6. Thus, theuse of the words “function,” “means” or “step” in the DetailedDescription or Description of the Drawings or claims is not intended tosomehow indicate a desire to invoke the special provisions of 35 U.S.C.§112, ¶6, to define the invention. To the contrary, if the provisions of35 U.S.C. §112, ¶6 are sought to be invoked to define the inventions,the claims will specifically and expressly state the exact phrases“means for” or “step for, and will also recite the word “function”(i.e., will state “means for performing the function of [insertfunction]”), without also reciting in such phrases any structure,material or act in support of the function. Thus, even when the claimsrecite a “means for performing the function of . . . ” or “step forperforming the function of . . . ,” if the claims also recite anystructure, material or acts in support of that means or step, or thatperform the recited function, then it is the clear intention of theinventors not to invoke the provisions of 35 U.S.C. §112, ¶6. Moreover,even if the provisions of 35 U.S.C. §112, ¶6 are invoked to define theclaimed inventions, it is intended that the inventions not be limitedonly to the specific structure, material or acts that are described inthe preferred embodiments, but in addition, include any and allstructures, materials or acts that perform the claimed function asdescribed in alternative embodiments or forms of the invention, or thatare well known present or later-developed, equivalent structures,material or acts for performing the claimed function.

BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWINGS

A more complete understanding of the present invention may be derived byreferring to the detailed description when considered in connection withthe following illustrative figures. In the figures, like referencenumbers refer to like elements or acts throughout the figures.

FIG. 1 depicts an example network schematic structure.

FIG. 2 depicts an example of a normal message and acknowledgement flow.

FIG. 3 depicts an example of an interrupted message and acknowledgmentflow.

FIG. 4 depicts an example of an interrupted acknowledgement flow.

FIG. 5 depicts an example of an acknowledgement sent to a third party.

FIG. 6 depicts an example of an acknowledgement stored on a network.

FIG. 7 depicts examples of message headers relating to acknowledgements.

FIG. 8 depicts an example cellular phone with a user query relating toan acknowledgement.

FIG. 9 depicts an example cellular phone with an acknowledgement notice.

FIG. 10 depicts an example cellular phone with a message editorinterface.

Elements and acts in the figures are illustrated for simplicity and havenot necessarily been rendered according to any particular sequence orembodiment.

DETAILED DESCRIPTION OF THE INVENTION

In the following description, and for the purposes of explanation,numerous specific details are set forth in order to provide a thoroughunderstanding of the various aspects of the invention. It will beunderstood, however, by those skilled in the relevant arts, that thepresent invention may be practiced without these specific details. Inother instances, known structures and devices are shown or discussedmore generally in order to avoid obscuring the invention. In many cases,a description of the operation is sufficient to enable one to implementthe various forms of the invention, particularly when the operation isto be implemented in software. It should be noted that there are manydifferent and alternative configurations, devices and technologies towhich the disclosed inventions may be applied. The full scope of theinventions is not limited to the examples that are described below.

In one application of the invention, a device sends an SMS message. Thedevice may comprise among others, a cell phone, mobile phone, smartphone, PDA, service provider system, content provider system, orcomputer system. The sending of the SMS message (hereinafter referred tosimply as “SMS”) may be for any number of purposes including, as a newsannouncement, financial (e.g., stock) announcement, emergency (e.g.,medical, fire, etc.), business communication, friend or familymessaging, sports announcements, etc.

According to the invention, once an SMS has been sent, the sendingdevice awaits an acknowledgement from the recipient device (typicallysent via SMS, but may also be by the receipt of a missed call (say aring back to the sender from the recipient device which contains therecipient's number as part of the caller id. In some embodiments, thisring back must occur within a prescribed amount of time). After waitinga predetermined amount of time (for example, 1 minute, 2 minutes, 30minutes, or 1 hour), if an acknowledgement (for example, a statement of“message received” or “successful” or a special code indicating anacknowledgement of receipt of an SMS sent by this device) is notreceived, the sending device, according to the software, retransmits theSMS message. In some embodiments, the amount of time the sending devicewaits before sending a copy of the SMS message can be selected in avariety of ways. In some embodiments, the wait time can be set by theuser, for each message as it is being sent, or for all messagesgenerally. In other embodiments, the wait time can be set by software inthe phone based on the time of day the message is being sent, or byrequesting current network usage from a network entity such as a serviceprovider, or based on the recipient's number, name, or address; forexample, the wait time may be based on the country code or area code ofthe number based on information relating to average or specificlatencies to the particular area. In other embodiments, the wait timemay be based on message transmission success rates to particularrecipients. In some embodiments, a new recipient may automatically startwith a long wait time, and with each successive, subsequent SMS, thedevice may use a shorter wait time unless, an acknowledgment is notreceived, at which point, the device may use a longer wait time,recursively. The wait time or acknowledgment request may also be basedon the type of message or content of message. For example, a service orcontent provider may indicate that no acknowledgment is received forbroadcast messages (e.g., news or sports announcements), but may requesta long wait time for acknowledgements of financial information.Additionally, the wait time may be based on the size of the message;shorter messages may have shorter wait times.

If an acknowledgment is not received within the proper wait time, thenthe device resends the SMS message, and if necessary adjusts the waittime for an acknowledgment. This repeats until an acknowledgement isreceived, or for a number of iterations set by the user in the software.For example, the message may be sent 1 time immediately, 3 times withinthe next hour, or once an hour. In other cases, the message may beresent only once, or only twice. The user may be queried by the deviceto set the number of retry attempts when the initial SMS is sent, orwhen a resend of an SMS is sent. For example, prior to resending, theuser may be queried with a YES/NO screen regarding whether to resend. Inother cases, the user may indicate, via device or program settings thenumber of times to resend an SMS and the SMS is resent without anyfurther user intervention. In some embodiments, the number of times themessage is resent may be based on the factors discussed above regardingthe wait time, including, for example, resending messages depending onthe cost to resend (for example, the device may be set to resend untilan acknowledgment is received if the cost to resend is $0.10, and may beset to resend only once if the cost to resend is $0.50.)

The device or program on the device may be programmed to acknowledgeonly certain messages. For example, only SMS's with a certain prefix orsuffix may be acknowledged or those containing certain key words orphrases, or containing certain 8-bit codes.

The recipient device monitors incoming SMS messages and, once havingreceived an SMS, sends an acknowledgement back to the sender that hismessage was received. (Again, typically via SMS, but may instead be viaa missed call, or through another mechanism. For example, it iscontemplated that there may be a new system added to the currentmessaging systems designed specifically for the transport ofacknowledgements since they are typically in need of very lowtime-averaged bandwidth. This contemplated system would work very muchlike present SMS but be substantially cheaper. Alternatively, SMSprotocols may be augmented to allow routing of acknowledgement messages.These messages could be significantly cheaper than typical SMS messages,again because of lower time-averaged bandwidth requirements). If thisacknowledgement message were to be lost on its way back, the sendingdevice would simply resend the original SMS message to the recipient,which would then be acknowledged by the recipient device and this time,hopefully, the acknowledgement makes its way back to the sender. In thisway, the recipient and sender can be assured that the message got thruat least once, perhaps more due to loss of acknowledgements but forassured delivery, that is of little consequence.

In some embodiments, the above described software is embedded in thedevices, but it is also contemplated that such software may bedownloaded to the device (say as a retrofit for all the devices outthere currently). Ideally, the user can indicate to the software whethera message needs delivery guarantee (i.e., and acknowledgement isrequired), and if not, the SMS is just sent as always, with no retry onlack of acknowledgement. Furthermore, it is contemplated that a messagemay include an indication of whether or not an acknowledgement isrequired so that SMS system (or other system) bandwidth foracknowledgements is only used when requested. This indication may bepart of the message itself (for example through the use of a specificsequence or 8-bit characters pre- or post-pended to the message, or maybecome part of the SMS protocol itself in the future.

In some embodiments of the software, a user can program from whom hewants to request acknowledgements and the software operates to monitorintended recipients and automatically request acknowledgements. In otherembodiments, the receive software can be programmed such that messagesfrom defined senders be acknowledged, sometimes even without the senderrequesting an acknowledgement in which case the sender may receive anddisplay a message, for example, ‘SMS XXX received’ where XXX denotessome identifier to the sender. In some embodiments of the invention, anSMS message is pre- or post-pended with alphanumeric or other 8-bitcharacters that designate that the sender requests an acknowledgement.In some embodiments, the receiving software is operable to strip outthese characters when they meet predefined patterns so that they are notdisplayed to the recipient of the SMS on the receiving device or toperform an action commensurate with that designated by the characters.In some embodiments, the acknowledgment identifier is transparent to thesender in that upon the receipt of the acknowledgment a message such as‘Jon Received the Message’ is displayed instead of ‘SMS XXX received.’The software may retrieve the name of the recipient from the addressbook built into the phone, the acknowledgment message, or anothersource.

In some embodiments, the receiver software queries the recipient as towhether it is ok to send an acknowledgement. In some embodiments theacknowledgement carries special characters indicating that it is anacknowledgement. In some embodiments, the acknowledgement is charged adifferent rate than other messages carried by the bearer service.

A key aspect of the invention is contemplated to be that the deliveryguarantee be end to end. That is, that the sender and receiver enforcethe delivery and take corrective messages autonomously from thecommunication service. The underlying communication protocol (e.g., SMS,etc.) need not be modified. Thus, an acknowledgment need not bewitnessed and understood throughout the communication system, onlytransmitted from end to end. Moreover, there is no need for messagestoring within the bearer system in order to retransmit a message thatis unacknowledged, the sending device does the retransmission. However,certain modifications or additions to the SMS system may be made inaccordance with the invention to improve operability or billing.

In yet another embodiment of the invention, the sender software maydirect all SMS messages to a specified place, for example, an internetlocation and indicate to whom the message should be directed. Theinternet location then forwards the message to the intended recipientand awaits the acknowledgement. Receiving none results in the internetlocation resending the SMS to the recipient until such time (or inaccordance with other disclosed aspects of the invention) that anacknowledgement is received. In this way, the sending device need notsend the retries.

In still another embodiment of the invention, the acknowledgements aresent to, for example, an internet location and indicate to whom theacknowledgement is destined. The acknowledgements are stored at theinternet location and can be viewed by the original sender of the SMS towhom the acknowledgement is destined via his device's browser (WAP orotherwise) or other software. Alternatively, in some instances, theacknowledgements are viewed by a third party, for example, an employeror the government. After viewing the acknowledgements, the user may thendetermine whether a retry should be made. In other embodiments, thesending device autonomously monitors the website or other locationstoring the acknowledgements and determines which if any SMS messagesshould be resent.

In some embodiments, the SMS message from the sending device to therecipient indicates to where an acknowledgement is to be sent, such asan internet location, or other third party. For example, a contentprovider may wish to send a single message to multiple recipients andwishes to have an acknowledgement from each of them. The contentprovider may send the message to a service provider which then sends themessage to each of the intended recipients and also indicates that anacknowledgement should be sent directly to the content provider.

Many sending devices now include GPS or other location identifyingsubsystems. For example, cell phones often include GPS or cellular-basedlocation identifying systems that can indicate the phone's location tothe user of the phone, or can report the location of the phone to awebsite for viewing by third parties, such as employers, parents,spouses, friends, etc. Thus, it is contemplated that a sender orreceiver may send a location based message or a location basedacknowledgement, respectively. For example, see my co-pendingapplication 20070032225, incorporated herein by reference, for examplesof such systems. It is contemplated that aspects of the presentinvention as herein described be incorporated into those disclosedexamples of that application and vice versa.

In some embodiments, location based operations serve to modify thesending of messages and acknowledgements. For example, a message may beindicated as being available for retry only while in a given location orlocations. Similarly, an acknowledgement may be requested by the sendingdevice only when the receiving device is in a specified location orlocations and the receiving device operates in accord with the request.Alternatively, the sending device may be programmed to only request (ornot request) acknowledgements if the sending device is in a specifiedlocation or locations. In another embodiment, the user of the receivingdevice indicates that acknowledgements are only to be sent (or not sent)when at specified locations.

1-3. (canceled)
 4. A method that acknowledges a receiving cell phone'sreceipt of a message from a sending cell phone, comprising: (a)receiving the message at the receiving cell phone from the sending cellphone; (b) detecting, using the receiving cell phone's geographiclocation detection hardware, the geographic location of the receivingcell phone; (c) in response to receiving the message, withoutcontemporaneous user input, the receiving cell phone sendingacknowledgement data that is caused to be delivered to the sending cellphone to acknowledge the receiving cell phone's receipt of said message;and (d) wherein the acknowledgement data includes information: (i) thatindicates that the message has been received by the receiving cellphone, and (ii) that indicates the geographic location of the receivingcell phone.
 5. The method of claim 4 wherein the message is a shortmessage service (SMS) message.
 6. The method of claim 4 wherein theacknowledgement data is sent based on the receiving cell phone being ata certain geographic location as detected by the receiving cell phone'sgeographic location detection hardware.
 7. The method of claim 4 furthercomprising the receiving cell phone determining from the receivedmessage whether the sending cell phone requires acknowledgement prior tosending acknowledgement data that is caused to be delivered to thesending cell phone.
 8. The method of claim 4 wherein the message isreceived at the receiving cell phone from an internet location.
 9. Themethod of claim 4 wherein the acknowledgement data is configured to bedisplayed on the sending cell phone in a human-readable format.
 10. Amethod that acknowledges a receiving cell phone's receipt of messagesfrom a sending cell phone, comprising: (a) receiving a message at thereceiving cell phone from the sending cell phone, the message includinginformation that indicates the geographic location of the sending cellphone; and (b) in response to receiving the message, withoutcontemporaneous user input, the receiving cell phone sendingacknowledgement data that is caused to be delivered to the sending cellphone to acknowledge the receiving cell phone's receipt of the message,wherein the acknowledgement data includes information indicating thatthe message has been received by the receiving cell phone.
 11. Themethod of claim 10 wherein the message is a short message service (SMS)message.
 12. The method of claim 10 wherein the acknowledgement data issent based on the receiving cell phone being at a certain geographiclocation as detected by the receiving cell phone's geographic locationdetection hardware.
 13. The method of claim 10 further comprising thereceiving cell phone determining, from the received message, whether thesending cell phone requires acknowledgement prior to sendingacknowledgement data.
 14. The method of claim 10 wherein the message isreceived at the receiving cell phone from an internet location.
 15. Themethod of claim 10 wherein the geographic location information isconfigured to be displayed on the receiving cell phone in ahuman-readable format.
 16. The method of claim 10 wherein theacknowledgement data indicates the message has been read.
 17. A methodof sending a message from a sending cell phone and receivingacknowledgement of receipt of the message, comprising: (a) detecting,using the sending cell phone's geographic location detection hardware,the geographic location of the sending cell phone; (b) the sending cellphone sending a message that is caused to be delivered to a receivingcell phone, the message including information indicating the geographiclocation of the sending cell phone; and (c) the sending cell phonereceiving acknowledgement data, originated at the receiving cell phone,indicating the receiving cell phone's receipt of the message.
 18. Themethod of claim 17 wherein the message is a short message service (SMS)message.
 19. The method of claim 17 wherein the message is sent based onthe sending cell phone being at a certain geographic location asdetected by the sending cell phone's geographic location detectionhardware.
 20. The method of claim 17 further comprising the sending cellphone indicating in the message that it requires acknowledgement ofreceipt of the message from the receiving cell phone.
 21. The method ofclaim 17 wherein the information indicating the geographic location isconfigured to be displayed on the receiving cell phone.
 22. The methodof claim 17 further comprising the sending cell phone displayinginformation indicating that the sending cell phone acknowledged receiptof the message.
 23. The method of claim 17 wherein the acknowledgementdata indicates the message has been read.